Opinion
A22I0019
08-19-2021
BANK OF AMERICA, N. A. v. PARTS CENTRAL, INC.
The Court of Appeals hereby passes the following order:
Bank of America, N. A. seeks interlocutory review of the trial court's order denying its motion for summary judgment. The trial court's order was entered on July 23, 2021, and the certificate of immediate review was entered on August 5, 2021. We lack jurisdiction.
Under OCGA § 5-6-34 (b), a party may request interlocutory review only if the trial court certifies within ten days of entry of the order at issue that immediate review should be had. A timely certificate of immediate review is a jurisdictional requirement. See Von Waldner v. Baldwin/Cheshire, Inc., 133 Ga.App. 23, 24 (2) (209 S.E.2d 715) (1974). If the certificate of immediate review is not entered within the prescribed ten-day period, it is untimely, and the party seeking review must wait until the final judgment to appeal. See OCGA § 5-6-34 (b); Turner v. Harper, 231 Ga. 175, 176 (200 S.E.2d 748) (1973).
Here, the certificate of immediate review was signed by the trial court 10 days after entry of the trial court's order denying summary judgment, but it was not entered by the clerk until 13 days after entry of that order. The certificate of immediate review is thus untimely. See Van Schallern v. Stanco, 130 Ga.App. 687, 687 (204 S.E.2d 317) (1974) ("[A] certificate for the immediate review of a nonfinal or interlocutory judgment is ineffective unless entered, i.e., filed with the clerk, within ten days after entry of the judgment appealed from.").
Accordingly, we lack jurisdiction to consider this application, which is hereby DISMISSED.